South Africa Case Law

Twenty-Third Century Systems (Pty) Ltd and Another v SAP Africa Region (Pty) Ltd (172/2023)

Twenty-Third Century Systems (Pty) Ltd and Another v SAP Africa Region (Pty) Ltd (172/2023) [2025] ZASCA 51; [2025] 3 All SA 62 (SCA) (30 April 2025)

Court

Supreme Court of Appeal

Case number

172/2023

Judges

Mocumie, Kgoele, Kathree-Setiloane, Windell, Bloem

The Supreme Court of Appeal held that the exclusion of damages and time bar clauses in the agreement are secondary obligations that survive termination, including termination by repudiation, as expressly provided by the survival clause. The Court distinguished between primary obligations, which end upon acceptance of repudiation, and secondary obligations, which regulate post-termination consequences and endure as per the contract. The doctrine of approbation and reprobation does not preclude SAP from relying on these clauses, as the parties agreed they would survive any termination. The appe…

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• Contract Repudiation
• Survival Clause
• Limitation Of Liability
• Time Bar
• Approbation And Reprobation

Chagonda v Tshuki and Another (NCT/344460/2024/141/(1)(b))

Chagonda v Tshuki and Another (NCT/344460/2024/141/(1)(b)) [2024] ZANCT 51 (15 November 2024)

Court

National Consumer Tribunal

Case number

NCT/344460/2024/141(1)(b)

Judge

S Hockey

The Tribunal refused leave to refer a debt-review complaint because the placement occurred in 2011 and the claim was time-barred under section 166(1) of the NCA.

• National Credit Act
• Debt Review
• Time Bar
• Leave To Refer
• Jurisdiction Of Tribunal
• Debt-review

Eskom Holdings Soc LTD v Babcock Ntuthuko Engineering (Pty) Ltd (A2023/099598)

Eskom Holdings Soc LTD v Babcock Ntuthuko Engineering (Pty) Ltd (A2023/099598) [2024] ZAGPJHC 990 (3 October 2024)

Court

South Gauteng High Court, Johannesburg

Case number

A2023/099598

Judges

TP Mudau, A Maier-Frawley, A Govender

The High Court held that an adjudicator’s award remained enforceable pending arbitration, dismissed Eskom’s jurisdiction and payment objections, and ordered costs against Eskom.

• Adjudication Enforcement
• Construction Contracts
• Time Bar
• Jurisdiction Of Adjudicator
• Security For Costs
• Adjudication-enforcement

Silver Lakes Homeowners Assocaition v Leonard and Others (A4/2022)

Silver Lakes Homeowners Assocaition v Leonard and Others (A4/2022) [2024] ZAGPPHC 115 (21 February 2024)

Court

North Gauteng High Court, Pretoria

Case number

A4/2022

Judges

P Malungana, G Malindi

The High Court upheld an appeal against a CSOS adjudicator’s order, finding procedural unfairness, including failure to address a time-bar point and to share submissions.

• Community Schemes Ombud Service Act
• Procedural Fairness
• Disciplinary Procedure
• Time Bar
• Natural Justice
• Community-schemes-ombud-service

Sand Shifters Africa (Pty) Ltd and Others v Commissioner: Broad-Based Black Economic Empowerment Commission and Another (2021/61622)

Sand Shifters Africa (Pty) Ltd and Others v Commissioner: Broad-Based Black Economic Empowerment Commission and Another (2021/61622) [2023] ZAGPPHC 1815 (24 October 2023)

Court

North Gauteng High Court, Pretoria

Case number

2021/61622

Judge

Motha

The court held that the respondents' challenge to Ms. Colman's authority was unmeritorious, as she was the sole director of the applicant companies and her evidence of authority was uncontroverted. The challenge was properly raised in the answering affidavit and did not require strict compliance with Rule 7(1), but the factual basis for authority was established. On the time-bar issue, the Commission was required by regulation 15(4)(g) to make its findings within one year of the complaint and failed to seek an extension as required by regulation 15(15). The reasons advanced for the delay, inc…

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• Promotion Of Administrative Justice Act
• Bbbee Regulations
• Time Bar
• Condonation
• Fronting Practices

Brinant Security Services (Pty) Ltd v Private Security Sector Provident Fund and Others (A113/2022)

Brinant Security Services (Pty) Ltd v Private Security Sector Provident Fund and Others (A113/2022) [2023] ZAGPPHC 1113 (6 September 2023)

Court

North Gauteng High Court, Pretoria

Case number

A113/2022

Judges

Retief, Potterill, Phooko

The court held that the Adjudicator is bound by the time bar in section 30I(1) of the Pension Funds Act and does not have discretion to condone or extend the period. The Adjudicator must consider whether the complaint relates to acts or omissions occurring more than three years before the complaint was received. The court found that the Adjudicator had failed to consider the jurisdictional fact and that the determinations may have included periods that were prescribed. The court concluded that the determinations should be set aside and the complaints remitted to the Adjudicator for proper inv…

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• Pension Funds Act
• Jurisdiction Of Adjudicator
• Prescription
• Time Bar
• Remittal To Adjudicator

Van Staden v Experian (Pty) Ltd and Another (NCT/226905/2022/141(1)(b))

Van Staden v Experian (Pty) Ltd and Another (NCT/226905/2022/141(1)(b)) [2022] ZANCT 66 (5 December 2022)

Court

National Consumer Tribunal

Case number

NCT/226905/2022/141(1)(b)

Judges

CJ Ntsoane, A Potwana, N Maseti

The Tribunal refused leave to refer a credit-bureau complaint because the alleged conduct occurred in 2007 and the complaint was filed out of time under section 166 of the NCA.

• Credit Bureau Listing
• Time Bar
• Leave To Refer
• National Credit Act
• Credit-bureau-listing
• National-credit-act

Herbert v Woolworths Financial Services (Pty) Ltd (NCT/225291/2022/141(1)(b))

Herbert v Woolworths Financial Services (Pty) Ltd (NCT/225291/2022/141(1)(b)) [2022] ZANCT 48 (12 September 2022)

Court

National Consumer Tribunal

Case number

NCT/225291/2022/141(1)(b)

Judges

J Simpson, K Moodaliyar, S Mbhele

The Tribunal refused leave to refer a reckless-lending complaint, finding no evidence of a new loan agreement and that the claim was time-barred.

• National Credit Act
• Reckless Lending
• Leave To Refer
• Time Bar
• Affordability Assessment
• National-credit-act

Sewpersadh v Minister of Finance and Another (923/2018)

Sewpersadh v Minister of Finance and Another (923/2018) [2019] ZASCA 117; [2019] 4 All SA 668 (SCA) (23 September 2019)

Court

Supreme Court of Appeal

Case number

923/2018

Judges

Ponnan, Leach, Saldulker, Mbha, Dambuza

The Supreme Court of Appeal held that the Special Pensions Act is remedial legislation and must be interpreted liberally to extend benefits to those who made sacrifices in the struggle against apartheid. The appellant's employment at the jewellery workshop was a legitimate cover for his clandestine political activities, and did not preclude him from being engaged in full-time service of a political organisation. The respondents failed to properly plead or prove any time-bar defence, and the appellant's application was processed without objection as to timing. The Appeal Board and the High Cou…

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• Special Pensions Act
• Judicial Review
• Interpretation Of Statutes
• Time Bar
• Remedial Legislation

Appels v Education Labour Relations Council (ELRC) and Others (JA19/18)

Appels v Education Labour Relations Council (ELRC) and Others (JA19/18) [2019] ZALAC 49; [2019] 10 BLLR 985 (LAC); (2019) 40 ILJ 2284 (LAC) (10 July 2019)

Court

Labour Appeal Court

Case number

JA19/18

Judges

Waglay, Jappie, Coppin

The Labour Appeal Court held that the ELRC constitution, as a collective agreement concluded under section 51(9) of the LRA, lawfully prescribes a 30-day referral period for promotion disputes. The time period for referral is a procedural matter, not a substantive right, and the LRA empowers bargaining councils to regulate such procedures to suit sectoral exigencies. The reduction of the referral period does not deprive parties of the right to be heard, as condonation for late referral remains available. The distinction between substantive and procedural rights is material; only substantive r…

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• Collective Agreements
• Unfair Labour Practice
• Promotion Disputes
• Time Bar
• Condonation
• Bargaining Council Procedure